This memorandum addresses application procedures for “non-disclosure orders” in the Court of Queen’s Bench and the Court of Appeal – including publication ban orders, certain sealing orders, and in camera orders made under discretionary common law or statutory authority. It describes the authority to make Rules of Court for criminal litigation, and the nature of federal involvement in establishing criminal Rules of Court. It also discusses the general substantive and procedural doctrine that must be accommodated by any Rules of Court respecting non-disclosure orders; current legislation and common law non-disclosure mechanisms that exist in the shadow of Dagenais. The Dagenais procedural standards should be applied to applications for in camera orders, sealing orders, and inherent jurisdiction publication bans, but be discretionary on the application of statutory publication bans. Current Rules respecting non-disclosure order applications in Nova Scotia and Alberta are reviewed. Issues for Court of Queen’s Bench Criminal Rules of Court reform in the area of non-disclosure orders are set out. The Committee’s proposals respecting Rules for non-disclosure order applications before the Court of Appeal is that the Rules should simply provide that the Court of Appeal should follow the Court of Queen’s Bench Rules, with any necessary modifications.
Consultation Memoranda
Back to Publication SearchRules: Non-disclosure Order Application Procedures in Criminal Cases, Consultation Memorandum 12.15
Resource Details
Publication No: | 12.15 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01215.pdf |